SC intervenes again

As it set up a new Special Investigation Team (SIT) on November 17 last year to probe the numbing violence in Lakhimpur Kheri the previous month, naming a former Punjab and Haryana High Court judge to monitor it, the Supreme Court sought to send a stern message that the political affiliation or power wielded by the main accused would in no way be allowed to influence the case proceedings. A reiteration of this pursuit of truth and justice came a few weeks back as it posed the key question on why the State of Uttar Pradesh had not challenged the bail granted by the Lucknow Bench of the Allahabad High Court to Ashish Mishra on February 10. That, too, after the SC-mandated SIT’s recommendation twice that month to file an appeal. Now, the cancellation of bail to Union Minister of State Ajay Mishra’s son is yet another crucial intervention by the apex court.

The Bench’s order calling for surrender within a week underlines the consideration of ‘irrelevant factors’ and ‘unwarranted hurry’ by the High Court in granting him relief four months after his arrest for the events that shook the country on October 3. ‘You yourself admitted the offence is very serious,’ the UP Government was told, a reminder of that chilling day that saw four protesting farmers and a journalist being allegedly run over by three SUVs, including a Thar owned by the Mishras, and two BJP workers and the jeep driver getting killed in the violence that followed.

In the directions to the High Court to decide the bail plea afresh, noteworthy was the Bench’s observation to give due hearing as victims had unbridled participatory rights from the stage of investigation to the culmination of proceedings. Also pointed out was the erroneous reliance on the first information report at the time of allowing Ashish’s bail plea even as the chargesheet in the case had been filed. No matter the pitfalls, the apex court is holding the reins tight.

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